2006 New York Code - Rights of creditors to obtain information concerning beneficiaries



 
  § 7-3.5 Rights   of   creditors   to   obtain   information   concerning
            beneficiaries
    (a) Any person who has furnished necessaries to a beneficiary  of  any
  trust  may  apply  to  the court having jurisdiction of the trust for an
  order directing the trustee thereof to furnish to the applicant the true
  and full name and residence address of any such beneficiary. As used  in
  this  section, the term "necessaries" means goods furnished and services
  performed suitable to the condition in life of the person to  whom  they
  are  furnished  or  for whose benefit they are performed, and which meet
  his actual needs at the time such necessaries are provided.
    (b) The application shall be made by a verified petition which  states
  (1) the name and address of petitioner, (2) the nature and extent of the
  necessaries provided, (3) the person by whom and the circumstances under
  which  they were provided, (4) the amount of the indebtedness claimed to
  exist, (5) the name of the person to whom  or  for  whose  benefit  such
  necessaries  were  provided, (6) a description of the trust of which the
  person to whom such necessaries were provided is a beneficiary  and  (7)
  the name of the trustee administering such trust.
    (c)  Such  petition shall also show the efforts made by the petitioner
  to locate the beneficiary and that more than ten days have elapsed since
  petitioner requested in writing that the trustee furnish the address  of
  any such beneficiary. The petition may contain such other information as
  is relevant to the inquiry.
    (d) The proceeding may be initiated by citation or order to show cause
  served  on  the trustee personally or in such manner and at such time as
  the court may direct. A copy of the petition shall be  served  with  the
  process.
    (e)  Upon  the  return of the process the court, if satisfied that the
  allegations of the petition are true and that the petitioner is entitled
  to the relief sought, may make an order directing the trustee to furnish
  to petitioner the true and  full  name  and  residence  address  of  any
  beneficiary  to  whom  necessaries  were provided. The order may fix the
  time within which such name and address shall be furnished.  Failure  to
  comply with an order so made shall be punishable as a contempt of court.

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